1 195. Throughout the times at issue, Defendants individually and collectively knew or 2 should have known, in light of the scientific knowledge generally accepted at the time, that fossil 3 fuel products, whether used as intended or misused in a foreseeable manner, release greenhouse 4 gases into the atmosphere that inevitably cause inter alia global warming, increased mean sea 5 surface temperature, marine heatwaves, and harmful algal blooms with a capacity for producing 6 marine toxins. 7 196. Throughout the times at issue and continuing today, fossil fuel products presented 8 and still present a substantial risk of injury to Plaintiff through the climate and ocean temperature 9 effects described above, whether used as intended or misused in a reasonably foreseeable manner. 10 197. Throughout the times at issue, the ordinary consumer would not recognize that the 11 use or foreseeable misuse of fossil fuel products causes global and localized changes in climate 12 and the world’s oceans, including those effects described herein. 13 198. Throughout the times at issue, Defendants individually and in concert widely 14 disseminated marketing materials, refuted the generally accepted scientific knowledge at the time, 15 and advanced pseudo-scientific theories of their own, and developed public relations campaigns 16 and materials that prevented reasonable consumers from recognizing the risk that fossil fuel 17 products would cause grave climate changes, including those described herein. 18 199. Defendants, and each of them, failed to adequately warn customers, consumers, 19 elected officials and regulators of known and foreseeable risk of climate change and the 20 consequences that inevitably follow from the normal, intended use and foreseeable misuse of 21 Defendants’ fossil fuel products. 22 200. Defendants’ wrongful conduct was oppressive, malicious, and fraudulent, in that 23 their conduct was willful, intentional, and in conscious disregard for the rights of others. 24 Defendants’ conduct was so vile, base, and contemptible that it would be looked down upon and 25 despised by reasonable people, justifying an award of punitive and exemplary damages in an 26 amount subject to proof at trial, and justifying equitable disgorgement of all profits Defendants 27 obtained through their unlawful and outrageous conduct. 28 SHER EDLING LLP COMPLAINT 81